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I~~i,.~~ 1-I~-i~+ <br />'w <br />~~,~~ <br />t / <br />Federal Reserved Rights Claims for Instream Flows <br />by <br />John R. Hill, Jr~ <br />Department of Justice <br />Land and Natural Resources Division <br />Denver, Colorado <br />I. Introduction. <br />X353 <br />A. Assume familiarity with federal reserved rights doctrine. <br />B. Assume national parks, some national monuments and wild <br />and scenic rivers have reserved rights to instream flows. <br />C. Do not assume that reserved rights exist for wilderness <br />areas. <br />D. Will discuss various federal reservations for which <br />instream flows are necessary. <br />E. Will not make judgments about adequacy of Colorado <br />instream flow law to satisfy federal reservation needs. <br />F. Will discuss purposes of federal reservations so that you <br />may each draw your own conclusions with respect to <br />adequacy. <br />II. Colorado program. <br />A. Restricts instream flow claims to CWCB. C.R.S. 37-92- <br />102(3). <br />B. Provision for federal input. Id. <br />C. CWCB can use federal rights or federal water in its <br />program. Imo. <br />D. Purpose of Colorado instream flows is to protect the <br />natural environment to a reasonable degree. mod. <br />E. Before initiating a water rights filing, the board shall <br />determine that the natural environment will be preserved <br />to a reasonable degree by the water available for the <br />appropriation to be made; that there is a natural <br />environment that can be preserved to a reasonable degree <br />with the board's water right, if granted; and that such <br />The opinions expressed in this paper and in the accompanying <br />discussion are those of the author and do not necessarily represent <br />the views of the Department of Justice or any other federal agency. <br />